SULTAN ALI vs Mir SHABIR AHMED BADINI O — 2022 MLD 780 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 780 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: SULTAN ALI vs Mir SHABIR AHMED BADINI O
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SULTAN ALI VS Mir SHABIR AHMED BADINI O.XXXVII, R.4---Summary suit for recovery---Power to set aside decree---Scope---Order XXXVII, R.4, C.P.C., confers power on the court to set aside the decree under special circumstances and grant defendant leave to appear and defend the suit---Rule 4 applies where the defendant fails to appear and file application for leave to defend---Special circumstances must exist to support any application for setting aside decree---Rule 4 has three separate parts : Opening sentence states that after decree is passed, under special circumstances the court can set it aside; court can exercise the power where special circumstances exist; R.4 excludes ordinary circumstance or circumstances which may happen every day---Heavy burden is laid on the defendant to show the circumstances which had arisen due to which he was unable to appear. Head NotesCase Description

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